PRADYUT BHOWMICK Vs. STAT OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners had presented a partnership deed before the respondent No. 6 for registration. On receipt of such deed, the respondent no. 6 requested the petitioners (vide Memo dated 14. 2. 07) to produce quarry permits of the two units in connection with "mamoni Brick Industries" as well as the latest balance sheet of the said two units for disposing of the issue of registration. Memo dated 14. 2. 07 is the subject-matter of challenge in the writ petition on the ground that the request of the respondent No. 6 is ultra vires the Registration Act, 1908.

(2.) MR. Bhattacharya, learned Counsel for the petitioners assails the request by submitting that for registering a partnership deed, it is not within the authority of the respondent No. 6 to call upon the petitioners to produce quarry permits and balance sheets of the two units.

(3.) MR. Dhar, learned Counsel for the State on the other hand submits that the request was made by the respondent No. 6 only for the purpose of verifying as to whether in the guise of registering a partnership deed, the petitioners were, in fact, proceeding to partition the property of their predecessor-in-interest or not.